27 Nov 2015
TRAVEL MANAGERS GROUP LTD v 123KIWI.COM LTD (IN RECEIVERSHIP AND IN LIQUIDATION) [2015] NZHC 2989
- Citation
- [2015] NZHC 2989
- Court
- High Court
The Court found on an objective assessment that the conduct and communications of Gregory Southcombe and his related companies from August 2013 to May 2014 (including negotiating to leave to a competitor, diverting funds, contracting with Amadeus and telling sub-brokers they would leave) made clear they did not intend to continue performance; Travel Managers validly accepted repudiation and cancelled on 4 May 2014; Travel Managers is entitled to recover loss of profits and the outstanding debt, the guarantors are liable under their guarantees and for procuring breach, and the Travel Quote Sys…